HomeMy WebLinkAboutResolution - 2013-R0353 - Public Use Dedication Deed - 10/24/2013Resolution No. 2013-RO353
October 24, 2013
Item No. 5.11
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council hereby accepts on behalf of the City of Lubbock a Street
and Public Use Dedication Deed, as described on Exhibit "A" attached hereto and
incorporated herein by reference, located in Section 8, Block E, Lubbock, Lubbock
County, Texas, and related documents. Said Deed is attached hereto and incorporated in
this resolution as if fully set forth herein and shall be included in the minutes of the City
Council.
THAT the purchase price for the Street and Public Use Dedication Deed shall be
$109,079.00 and that closing costs shall also be paid in connection with the purchase of
the property, said payments approved herein.
11
Passed by the City Council on
ATTEST:
Reb ca Garza, City Secretary
October 24, 2013
d—LOIC•., •MAYOR
APPROVED AS TO CONTENT:
R - /��—
R. Keith Smith, P.E., Director of Public Works
Dave Booher, Right -of -Way Agent
APPROWD AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs`RES. Dedication Deed -Brewer
October 2, 2013
Resolution No.2013-R0353
RETURN:WESTJEXAS TITLE COMPANY
FILE NO.^b^Q Cffrw U
Jilt 0ED 2015020270
11 PGS
STREET AND PUBLIC USE DEDICATION DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK s^
THAT Tony R.Brewer and Rojean S.Brewer,herein called "Grantor",whether one or
more, for and in considerationof the sum of TEN ANDNO/100 ($10.00)DOLLARS and other
good and valuable consideration, to it in hand paid by the CITY OF LUBBOCK,TEXAS,a
Home Rule Municipal Corporation,does hereby dedicate to the public for public use forever and
for street purposes,the following described tract of land situated in Lubbock County,Texas,as
more particularly described in the attached Exhibit "A".
TO HAVE AND TO HOLD this above described premises,together with alland singular
the rights and appurtenances thereto in anywise belonging unto the said public forever so long as
said premises are used for public purposes.
WITNESS MY HAND this ^7 day of JPgpfcg^i Ip <Lf .2013.
I crfTV\R.Bp?wer —
Rojean S. Brewer
THE STATE OF TEXAS §
COUNTY OF AjM0^§
BEFORE ME,the undersigned authority,a Notary Public in and for said County,Texas,
on this day personally appeared Tony R.Brewer and Rojean S.Brewer,knownto me to be the
persons whose name is subscribed to the foregoing instrument and acknowledged to me that they
executed the same forthe purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this <£7 dav of
.2013.~^~
„*«•»>*TIFFANY PADILLA4olS»Notary Public.State of Texas
Mv Commission Expires
August 21,2017
mUxSRo/Ei and for theState'ofTexas
My Commission Expires:F/J?//%/)/7
cd/A.
THE STATE OF TEXAS
THE COUNTY OF LUBBOCK
That First Bank & Trust Co. duly organized and existing under the laws of the State
of Texas, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in
cash, and for other good and valuable consideration, the receipt of which is hereby acknowledged
and confessed, being a lien holder on the property described herein, does hereby consent and
agree to the foregoing Dedication and does hereby subordinate its rights in the above described
property to the above dedication, as shown on the attached plat.
IN WITNESS WHEREOF, the saidFirst Bank & Trust Co. has caused these presents
to be signed by its duly authorized officer at Lubbock, Lubbock County, Texas, on June
=Aj 2015.
FIRST BANK & TRUS
By:
Printed Name:
This instrument was acknowledged before me on June �5/ 2015
/1 , 2'0Y3, by
�Y QCr .as ( � ICLD Ofi rcr Rank & Tr at Co.
and in a capacity therein stated. F
Pue� Notary Public, State of Texas
••'• �j'QrE OF �6 .�
%ice •'••. f%PIP..: 0�1`\�
DEDICATION DEED
THE STATE OF TEXAS
THE COUNTY OF LUBBOCK
Co.
That C.B. ThompsonConstruction/duly organized and existing under the laws of the State
of Texas, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid in
cash, and for other good and valuable consideration, the receipt of which is hereby acknowledged
and confessed, being a lien holder on the property described herein, does hereby consent and
agree to the foregoing Dedication and does hereby subordinate its rights in the above described
property to the above dedication, as shown on the attached plat.
Co.
IN WITNESS WHEREOF, the said C,B.1llowsonConstruction/ has caused these presents
to be signed by its duly authorized officer at Lubbock, Lubbock County, Texas, on June
90AA.2015.
. . Mg071.n
.•n. .
This instrument was acknowledged before me on June j 't " , 2015 J29Y3, by
Terry Thomason as President ofC.B. Thompson Cot3struction Co
and in the capacity therein stated.
Notary Public, Stelte of Texas
CARLA G. WILLIAMSON
tdctery ftk State of Texas
MyCmW;Wm EVkes04-23.2017
DEDICATION DEED
EXHIBIT "A"
(Survey of Parcel Nos. 41, 41 & 43)
® South Lubbock Sanitary Sewer Extension
Parcel No. 41
N PERIMETER SURVEY OF A 0.156 ACRE TRACT LOCATED IN
SCALE: 1"-40' SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
—X x —
n..
40'1traor� Canty
RigN-of -way Eamm
Line Table
Line N
Length
Direction
LI
35.09
N010 55' 35"E
L2
193.75'
S88' 13'09"E
I3
35.00'
S010 55' 35"W
L4
193.75'
N88° 13' 09"W
— 40'LUM d Canty
fthl-of-Woy Eosemrnl
60'L ubbocP Comfy Riot -of- Woy Eosemenf �
Hof, /866, Pg. 52
� as ac ar
d. w
o,.
------------
Bearings are relative to the Texas State Plane Coord'matc
System, North Central Zone, CORS 96, Epoch 2002.0
Distances are surface, U.S. Suracy feet.
Combined Scale Factor: 1.00024
Surveyed on the ground.
August 9, 2012
a kE,�
I E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O- SET 1/2" IRON ROD WITH CAP
e- FOUND 'X' CUT IN CONCRETE
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 21
COpynrhl 2e12, Iloao Reed and.Assmiatcs, Inc. for the sole aw
rarGFi and any mhcridw,ficnas indiatcd inthe,cmfi tcst
South Lubbock Sanitary Sewer Extension
Parcel No. 41
PERIMETER SURVEY OF A 0.156 ACRE TRACT LOCATED IN
SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.156 acre parcel located in Sections 8, Block E, Lubbock County, Texas,
being a portion of a 3.00 acre tract described in County Clerk File Number 20100000768, Official Public Records, Lubbock
County, Texas, being further described as follows:
BEGINNING at a'X' in concrete found for the Southwest comer of said 3.00 acre tract, for the Southeast comer of a 0.93
acre tract described in Volume 1328, Page 651, Deed Records, Lubbock County, Texas, and for the Southwest comer of a 40
foot road easement to Lubbock County as described in Volume 1867, Page 410, Deed Records, Lubbock County, Texas, and
for the Southeast comer of a 40 foot road easement to Lubbock County as described in Volume 1866, Page 64, Deed
Records, Lubbock County, Texas, which bears S. 88° 13'09" E. a distance of 963.86 feet and N. 01 °46'51" E. a distance of
20.00 feet from the Southwest comer of Section 8, Block E, Lubbock County, Texas, for the Southwest comer of this parcel;
THENCE N. 01055'35" E. along the common line of said 3.00 acre tract, said 0.93 acre tract and said 40 foot road easements
a distance of 35.00 feet to a 12" iron rod with cap set for the Northwest comer of this parcel;
THENCE S. 88013'09" E. a distance of 193.75 feet to a 1/2" iron rod with cap set in the East line of said 3.00 acre tract and
said 40 foot road easement, also being in the West line of a 0.64 acre tract as described in Volume 1623, Page 703, Deed
Records, Lubbock County, Texas, and in the West line of a 40 foot road easement to Lubbock County as described in
Volume 1872, Page 441, Deed Records, Lubbock County, Texas, for the Northeast corner of this parcel;
THENCE S. 0105549" W. along the common line of said 3.00 acre tract, said 0.64 acre tract and said 40 foot road easements
a distance of 35.00 feet to a'X' in concrete found for the Southeast comer of said 3.00 acre tract and for the Southeast comer
of said 40 foot road easements and for the Southwest comer of said 0.64 acre tract and for the Southeast comer of this parcel;
THENCE N. 88013'09" W. along the common South line of said 3.00 acre tract and said 40 foot road easement, being
parallel with the common line of said Sections 8 and 11, Block E, a distance of 193.75 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S.
Survey Feet. Combined Scale Factor: 1.00024
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
August 9, 2012
E ,
Wn E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2
® South Lubbock Sanitary Sewer Extension
Parcel No. 42
N PERIMETER SURVEY OF A 0.096 ACRE TRACT LOCATED IN
SCALE: 1"=49 SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
Line Table
Line #
Length
Direction
LI
35.00'
N01°55'35"E
L2
119.97'
S88" 13' 09"E
L3
35.00'
SOl° 55' 35"W
L4
119.97'
N880 13' 09"W
0.81 Acres 0.93Acres
Omer- All Texas Builders /nc. ON .. C.B. Tharpsm
Vol. 1866. Pq. 580 Vol. 1328, Pg. 651
--
------------ L2 x x —x�— x---------
40' �oa4 Cornly
3. 00Acres
Oar ..• Rorer» S. Brewer
CCF#,?010000768
VW 1866, Pq 64 ,� en 4 Ar>oo' Cocwly
`- VW. 1867, 1
P37.
y /, L4 Cmcrele Oriw
POINT OF BEGINNING 'LuMm-k Carly Riol-oI-Woy Eoaemenl P
___---------No0ot'cmen/Fowd
-------------- Sourh /ire ofSepion8
_ J J /
AM S�REE,,T JSnjo North 1h7e ofSecbnnp------
60 LWDOC* Cantyl?Wl--
VO/. 1866. Pg. 52
w
--------------------------
Bearings are relative to the Texas Coordinate System of
1983, North Central Zone, CORS 96, Epoch 2002.0
Distances are surface, U.S. Survey feet.
Combined Scale Factor: 1.00024
Surveyed on the ground.
April I30,0, 2012
E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
O- SET 112" IRON ROD WITH CAP
0-CUTW IN CONCRETE
A legal description of even survey date
herewith accompanies this plat of survey.
2017,
Sheet 1 of 21
South Lubbock Sanitary Sewer Extension
Parcel No. 42
PERIMETER SURVEY OF A 0.096 ACRE TRACT LOCATED IN
SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.096 acre tract located in Section 8, Block E, Lubbock County, Texas, being
a portion of a 0.93 acre tract described in Volume 1326, Page 651, Deed Records, Lubbock County, Texas, being further
described as follows:
BEGINNING at a 1/2" iron rod with cap set for the Southwest comer of said 0.93 acre tract and for the Southeast comer of a
0.81 acre tract described in Volume 1866, Page 580, Deed Records, Lubbock County, Texas and in the South line of a 40
foot road easement to Lubbock County as described in Volume 1866, Page 64, Deed Records, Lubbock County, Texas,
which bears S. 88"13'09" E. a distance of 843.90 feet and N. 01 "46'51" E. a distance of 20.00 feet, from the Southwest
comer of Section 8, Block E, Lubbock County, Texas, for the Southwest comer of this parcel;
THENCE N. 01055'35" E. along the common line of said 0.93 acre tract and 0.81 acre tract a distance of 35.00 feet to a 1/2"
iron rod with cap set 55.00 feet north of the South line of Section 8, Block E, Lubbock County, Texas, for the Northwest
comer of this parcel;
THENCE S. 88013'09" E. a distance of 119.97 feet to a 1/2" iron rod with cap set in the East line of said 0.93 acre tract and
the West line of a 3.00 acre tract described in County Clerk File Number 2010000768, Official Public Records, Lubbock
County, Texas, and being in the West line of a 40 foot road easement to Lubbock County as described in Volume 1867, Page
410, Deed Records, Lubbock County, Texas, for the Northeast comer of this parcel;
THENCE S. 01055'35" W. along the common line of said 0.93 acre tract and said 3.00 acre tract, a distance of 35.00 feet to a
'X' cut in concrete for the Southeast comer of said 0.93 acre tract and the Southwest comer of said 3.00 acre tract and the
common south comer of said 40 foot road easements, for the Southeast comer of this parcel;
THENCE N. 88016'25" W. along the common South line of said 0.93 acre tract and said 40 foot road easement a distance of
119.97 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S.
Survey Feet. Combined Scale Factor: 1.00024
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
April 30,20112
Q'�
n E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2
® South Lubbock Sanitary Sewer Extension
Parcel No. 43
N PERIMETER SURVEY OF A 0.084 ACRE TRACT LOCATED IN
SCALE:I"moo' SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
0.76Acres
Owner. Bi// 0. Freemen, ,b.
✓o% 10128, Pg. 156
4 'L Canty
R000f I
Iro1. /866, . 64
POINT OF B INNING �
Line Table
Line #
Length
Direction
LI
35.00'
N01055'35"E
L2
105.00'
S88013' 09%
L3
35.00'
SOI ° 55' 35"W
L4
105.00'
N88013' 09"W
0.81 Acres
Ow &.. A// Texas Builders, /nc.
Vol 1866,, Pg. 580
�V
0.93 Acres
Owner. C.B. Thoamm
Vo/ 1328. Pg. 651
40'1 ud600t Can/y
Road Eose/nen/
Vol. /866, Pg. 64
i ZO[Canty RiQS/-o1�Way £asemen/ -
A/o Doccanenl Farad
_ l
�t NorthSuth llioneeooffSSxreJbnooo lS9OtySTnFFTls.o/
al9WPf;,?Woy Eosemn/
_
--- _______________________________________.
Bearings are relative to the Texas Coordinate System of
1983, North Central Zone, CORS 96, Epoch 2002.0
Distances are surface, U.S. Survey feet.
Combined Scale Factor: 1.00024
Surveyed on the ground.
April 30, 2012
E-
E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
NOTES:
HEAVY LINES INDICATE PLAT LIMITS.
o - SET 12" IRON ROD WITH CAP
A legal description of even survey date
herewith accompanies this plat of survey.
Sheet 1 of 21
South Lubbock Sanitary Sewer Extension
Parcel No. 43
PERIMETER SURVEY OF A 0.084 ACRE TRACT LOCATED IN
SECTION 8, BLOCK E
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.084 acre tract located in Section 8, Block E, Lubbock County, Texas, being
a portion of a 0.81 acre tract described in Volume 1866, Page 580, Deed Records, Lubbock County, Texas, and being further
described as follows:
BEGINNING at a 1/2" iron rod set for the Southwest comer of said 0.81 acre tract and the Southeast comer of a 0.76 acre
tract described in Volume 10128, Page 156, Official Public Records, Lubbock County, Texas, and in the South line of a 40
foot road easement to Lubbock County as described in Volume 1866, Page 64, Deed Records, Lubbock County, Texas,
which bears S. 88°13'09" E. a distance of 738.91 feet and N. 01 °46'51" E. a distance of 20.00 feet from the Southwest comer
of Section 8, Block E, Lubbock County, Texas, for the Southwest comer of this parcel;
THENCE N. 01055'35" E. along the common line of said 0.81 acre tract and said 0.76 acre tract a distance of 35.00 feet to a
1/2" iron rod with cap set for the Northwest comer of this parcel;
THENCE S. 88013'09" E. a distance of 105.00 feet to a 1/2" iron rod with cap set in the East line of said 0.81 acre tract and
the West line of a 0.93 acre tract described in Volume 1328, Page 651, Deed Records, Lubbock County, Texas, for the
Northeast comer of this parcel;
THENCE S. 01055'35" W. along the common line of said 0.81 acre tract and 0.93 acre tract a distance of 35.00 feet to a 1/2"
iron rod with cap set for the Southeast comer of said 0.81 acre tract and the Southwest comer of said 0.93 acre tract for the
Southeast comer of this parcel;
THENCE N. 88013'09" W. along the common South line of said 0.81 acre tract and 40 foot road easement a distance of
105.00 feet to the Point of Beginning.
Bearings relative to Grid North, NAD 83, Texas Coordinate System, North-Central Zone. Distances are Surface, U. S.
Survey Feet. Combined Scale Factor: 1.00024
A plat of even survey date herewith accompanies this legal description
Surveyed on the ground
April 300, 20112
tJ 1� -
I n E. Allen
Registered Professional
Land Surveyor No. 5895
State of Texas
Sheet 2 of 2
FILED AND RECORDED
•'F -i 'n OFFICIAL PUBLIC RECORDS
Kelly Pinion, County Clerk
Lubbock County TEXAS
June 09, 2015 01:48:02 PR
FEE: $62.00 2015020270